Summary: We will not investigate Mr X’s complaint about the Council holding inaccurate information about him and having shared this information with others, including during court proceedings. We cannot investigate what happened in court. The Information Commissioner’s Office is better placed to consider issues relating to accuracy and sharing of information.

The complaint

1. Mr X complained the Council shared information with others, including during court proceedings, about an unsubstantiated allegation from when he was a teenager. He is unhappy this allegation remains on the Council’s records and he says this stopped him seeing his daughter.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended)

4. The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the council of the complaint and give it an opportunity to investigate and reply (Local Government Act 1974, section 26(5))

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How I considered this complaint

5. I considered the information Mr X provided when he complained to us.
6. I considered information the Council provided.
7. I considered Mr X’s comments on my draft decision.

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What I found

8. Mr X complained to the Council in September 2020 about information it had shared with others, including in court. This information related to a historical unsubstantiated allegation against him and he says it is inaccurate. Because of this information being shared, he says he has been unable at times to see his daughter. He worries about contact with his daughter being stopped in future and possible implications linked to any future children he may have.
9. The law does not allow us to investigate what happened as part of court proceedings, so we cannot investigate Mr X’s complaint about the Council sharing information in court. He says the Council also shared the information with others. I am of the view his complaint would be better considered by the Information Commissioner’s Office. This is the organisation that deals with complaints about inaccurate data and could require the Council to rectify any data it holds, if that data is inaccurate.
10. We cannot make decisions about children’s residence and contact. Mr X says he wants to ensure contact with his child does not stop. It is open to Mr X to seek a court order relating to this.
11. Mr X says since he has had some contact with his daughter, there have been further issues relating to the actions of social workers involved in the case. Mr X should complain to the Council about these issues, if they are about more recent events, as he must give the Council an opportunity to respond to his concerns before we can consider them. If he does not receive a satisfactory response within a reasonable time, he can bring these matters back to us, in any event within 12 months of the events.

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Final decision

12. The Ombudsman will not and cannot investigate this complaint. We cannot investigate what happened in court, and the Information Commissioner's Office is better placed to consider the issue.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman